ORAL JUDGMENT

This Regular Second Appeal is filed by the appellant challenging the judgment and decree dated 16.08.2013, passed in R.A.No.145/2008, by the learned Prl. Senior Civil Judge, CJM, Ramanagara, and the judgment and decree dated 14.10.2008, passed in O.S.No.130/2004 by the learned Civil Judge (Jr. Dn.) and JMFC, Ramanagara.

2. For convenience, the parties are referred to, based on their rankings before the trial Court. The appellant was the defendant, and the respondent was the plaintiff.

3. Brief facts leading rise to the filing of this appeal are as follows:

The plaintiff filed a suit against the defendant for a declaration of title and a permanent injunction. It is the case of the plaintiff that the land bearing Sy.No.71 of Tadakavagilu Village, measuring 4 acres 20 guntas, was originally owned by one Ankegowda, who had 5 sons; Chennakaiah, the plaintiff Gangeeriah, the defendant Manarudraiah, Shivarudraiah, and Nagaraja. The above- said persons constituted a Hindu undivided joint family under Mithakshara School of Law. The aforementioned persons divided the property by virtue of a Panchayath Parikath, on 04.06.1979 before the Panchayathdars and succeeded to their respecti